30 employee handbook do’s and don’ts from the NLRB

The National Labor Relations Board (NLRB) recently released a list of rules to help employers comply with the National Labor Relations Act. Read on to learn more.


To help employers craft handbooks that don’t violate the National Labor Relations Act, the National Labor Relations Board has issued a compilation of rules it has found to be illegal — and rewritten them to illustrate how they can comply with the law.

It was issued as a memorandum by NLRB General Counsel Richard F. Griffin, Jr. to “help employers to review their handbooks and other rules, and conform them, if necessary, to ensure they are lawful.”

Specifically, the memorandum points out employer policies found to violate and conform to Section 7 of the NLRA.

The main area of concern

Section 7 mandates that employees be allowed to participate in “concerted activity” to help improve the terms and conditions of their work.

The NLRB has made it abundantly clear recently that it’s on the lookout for rules that:

  • explicitly restrict protected concerted activity, and/or
  • could be construed to restrict protected Section 7 activity.

One thing the memorandum makes very clear: extremely subtle variations in language could be the difference between having a legal policy in the NLRB’s eyes and having one that’s viewed as violating the NLRA.

What to say, what not to say

Here are many of the dos and don’ts highlighted by the memorandum, separated by topic:

Rules regarding confidentiality

  • Illegal: “Do not discuss ‘customer or employee information’ outside of work, including ‘phone numbers [and] addresses.'” The NLRB said, in addition to the overbroad reference to “employee information,” the blanket ban on discussing employee contact info, without regard for how employees obtain that info, is facially illegal.
  • Illegal: “Never publish or disclose [the Employer’s] or another’s confidential or other proprietary information. Never publish or report on conversations that are meant to be private or internal to [the Employer].” The NLRB said a broad reference to “another’s” information, without clarification, would reasonably be interpreted to include other employees’ wages and other terms and conditions of employment.
  • Illegal: Prohibiting employees from “[d]isclosing … details about the [Employer].” The NLRB said this is a broad restriction that failed to clarify that it doesn’t restrict Section 7 activity.
  • Legal: “No unauthorized disclosure of ‘business “secrets” or other confidential information.'”
  • Legal: “Misuse or unauthorized disclosure of confidential information not otherwise available to persons or firms outside [Employer] is cause for disciplinary action, including termination.”
  • Legal: “Do not disclose confidential financial data, or other non-public proprietary company information. Do not share confidential information regarding business partners, vendors or customers.”

The NLRB said the last three rules above were legal because: “1) they do not reference information regarding employees or employee terms and conditions of employment, 2) although they use the general term “confidential,” they do not define it in an overbroad manner, and 3) they do not otherwise contain language that would reasonably be construed to prohibit Section 7 communications.”

Rules regarding conduct toward the company and supervisors

  • Illegal: “[B]e respectful to the company, other employees, customers, partners, and competitors.”
  • Illegal: “Do ‘not make fun of, denigrate, or defame your co-workers, customers, franchisees, suppliers, the Company, or our competitors.'”
  • Illegal: “Be respectful of others and the Company.”
  • Illegal: “No ‘[d]efamatory, libelous, slanderous or discriminatory comments about [the Company], its customers and/or competitors, its employees or management.'”

The NLRB said the rules above were unlawfully overbroad because: “employees reasonably would construe them to ban protected criticism or protests regarding their supervisors, management, or the employer in general.”

  • Illegal: “Disrespectful conduct or insubordination, including, but not limited to, refusing to follow orders from a supervisor or a designated representative.”
  • Illegal: “‘Chronic resistance to proper work-related orders or discipline, even though not overt insubordination’ will result in discipline.”

The NLRB said the rules above, while banning “insubordination,” also ban “conduct that does not rise to the level of insubordination, which reasonably would be understood as including protected concerted activity.”

  • Illegal: “Refrain from any action that would harm persons or property or cause damage to the Company’s business or reputation.”
  • Illegal: “[I]t is important that employees practice caution and discretion when posting content [on social media] that could affect [the Employer’s] business operation or reputation.”
  • Illegal: “Do not make ‘[s]tatements “that damage the company or the company’s reputation or that disrupt or damage the company’s business relationships.”‘”
  • Illegal: “Never engage in behavior that would undermine the reputation of [the Employer], your peers or yourself.”

The NLRB said the rules above “were unlawfully overbroad because they reasonably would be read to require employees to refrain from criticizing the employer in public.

  • Legal: “No ‘rudeness or unprofessional behavior toward a customer, or anyone in contact with’ the company.”
  • Legal: “Employees will not be discourteous or disrespectful to a customer or any member of the public while in the course and scope of [company] business.”

The NLRB said the rules above are legal because they wouldn’t lead an employee to believe they restrict criticism of the company.

  • Legal: “Each employee is expected to work in a cooperative manner with management/supervision, coworkers, customers and vendors.” The NLRB says employees would reasonably understand that this states the employer’s legitimate expectation that employees work together in an atmosphere of civility.
  • Legal: “Each employee is expected to abide by Company policies and to cooperate fully in any investigation that the Company may undertake.” The NLRB said this rule is legal because “employees would reasonably interpret it to apply to employer investigations of workplace misconduct rather than investigations of unfair labor practices or preparations for arbitration.”
  • Legal: “‘Being insubordinate, threatening, intimidating, disrespectful or assaulting a manager/supervisor, coworker, customer or vendor will result in’ discipline.” The NLRB said: “Although a ban on being  disrespectful’ to management, by itself, would ordinarily be found to unlawfully chill Section 7 criticism of the employer, the term here is contained in a larger provision that is clearly focused on serious misconduct, like insubordination, threats, and assault. Viewed in that context, we concluded that employees would not reasonably believe this rule to ban protected criticism.”

Rules regarding conduct between employees

  • Illegal: “‘[D]on’t pick fights’ online.”
  • Illegal: “Do not make ‘insulting, embarrassing, hurtful or abusive comments about other company employees online,’ and ‘avoid the use of offensive, derogatory, or prejudicial comments.'”
  • Illegal: “[S]how proper consideration for others’ privacy and for topics that may be considered objectionable or inflammatory, such as politics and religion.”
  • Illegal: “Do not send ‘unwanted, offensive, or inappropriate’ e-mails.”

The NLRB said the rules above were unlawfully overbroad because employees would reasonably construe them to restrict protected discussions with their co-workers.

  • Legal: “[No] ‘Making inappropriate gestures, including visual staring.'”
  • Legal: “Any logos or graphics worn by employees ‘must not reflect any form of violent, discriminatory, abusive, offensive, demeaning, or otherwise unprofessional message.'”
  • Legal: “[No] ‘[T]hreatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees or visitors.'”
  • Legal: “No ‘harassment of employees, patients or facility visitors.'”
  • Legal: “No ‘use of racial slurs, derogatory comments, or insults.'”

The NLRB said the rules above were legal because: “when an employer’s professionalism rule simply requires employees to be respectful to customers or competitors, or directs employees not to engage in unprofessional conduct, and does not mention the company or its management, employees would not reasonably believe that such a rule prohibits Section 7-protected criticism of the company.

SOURCE: Schappel, C. (18 July 2018) "30 employee handbook do’s and don’ts from the NLRB" (Web Blog Post). Retrieved from http://www.hrmorning.com/employee-handbook-dos-and-donts-from-the-nlrb/


What's in a Password?

What's in a Password?

Most websites and services encrypt passwords before storing them on their servers. As a result, even if hackers were to gain access to the password, they wouldn’t have access to the actual text that makes up your password.

Once criminals gain access to an encrypted password, they can use sophisticated programs to quickly guess every combination of letters, numbers and symbols until your password is cracked. As a result, longer passwords and those that contain a large variety of characters will be very difficult for programs to guess.

However, just because effective passwords should be complex, doesn’t mean that they should be difficult to remember.

The next time you need to think of a unique password, try using a favorite song lyric or quote. This will make a password that’s long and difficult for hackers to crack, and has the added benefit of being very memorable.

Turning a simple phrase like “your guess is as good as mine” into “yourguessisasgoodasmine” actually makes for a strong, and in this case ironic, password! However, be sure to add a capital letter or special character as well to make your password that much stronger.

A Balancing Act Between Memorable and Complex

Thinking of a new password can be frustrating—every service and website seems to have different requirements about length, complexity and special characters. In order to secure yourself against hackers, it’s important to think of a password that’s both memorable and complex.

Helpful Hints

Your password will only remain secure if you take steps to protect it. Be sure to never write your password down and leave it where someone can see it. Instead, consider using a password management tool. These online services will store all of your login IDs and passwords for you, but you should do some research and make sure that the service you use is reputable.

Provided by: Hierl's Property & Casualty Experts

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What are the 25 most commonly stolen passwords?

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Construction Risk Advisor - October 2018

Preparing for Hurricane Season: 5 Tips for Contractors

The 2018 hurricane season is here, and it’s time for contractors to prepare for emergency weather situations that can not only disrupt current projects, but also hamper recovery efforts. Heavy rain and winds, surges in demand for labor and materials, and job site hazards in storm-damaged areas can create dangerous and expensive risks for contractors.

Minimize your risks during hurricane season with these five tips:

  1. Identify the potential for flooding. Take steps to prevent on-site flooding, including installing drainage systems, moving large equipment and waiting to install finished products until the building is watertight.
  2. Protect your cranes. Lower any cranes before weather events, if possible. Consult with the manufacturer or a professional engineer regarding how to best lower and secure cranes.
  3. Create an employee communications plan. Devise an action plan with a list of contact information and a log of on-site workers so you can account for everyone if a storm hits.
  4. Check your business continuity plan. Make sure employees understand their roles, and regularly review, update and test your continuity plan for business disruption.
  5. Review your insurance coverage. Work with your insurance carrier or broker to make sure your business is adequately protected.

Assess whether a project will be affected by hurricane season, and weigh the risks before agreeing to a contract. Consider whether or not you have enough qualified staff to handle the work post-storm, as well as the materials needed to complete the job, so you’re prepared in case of supply shortages.

Newsletter Provided by: Hierl's Property & Casualty Experts

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2017 OSHA's Most Frequently Cited Standards

Manufacturing (NAICS 31)

The Occupational Safety and Health Administration (OSHA) keeps records not only of the most frequently cited standards overall, but also within particular industries. The most recent statistics from OSHA reveal the top standards cited in the fiscal year 2017 for the manufacturing industry. This top 10 list comprises establishments engaged in the mechanical, physical or chemical transformation of materials, substances or components into new products.

Description of Violation Cited Standard Number ACV*
1.    Control of Hazardous Energy (Lockout/Tagout) – Following minimum performance requirements for controlling energy from the unexpected start-up of machines or equipment. 29 CFR 1910.147 $6,195
2.    General Requirements for All MachinesProviding proper machine guarding to protect the operator and other employees from hazards. 29 CFR 1910.212 $8,396
3.    Process Safety Management of Highly Hazardous Chemicals – Preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable or explosive chemicals that may result in toxic, fire or explosion hazards. 29 CFR 1910.119

 

$7,395
4.    Hazard CommunicationProperly transmitting information on chemical hazards through a comprehensive program, container labeling, SDS and training. 29 CFR 1910.1200 $1,472
5.    Mechanical Power-transmission Apparatus – Following the general requirements on the use of power-transmission belts and the maintenance of the equipment. 29 CFR 1910.219 $2,926
6.    Powered Industrial TrucksEnsuring safety of employees on powered industrial trucks through fire protection, design, maintenance and proper use. 29 CFR 1910.178 $2,645
7.    Wiring Methods, Components and Equipment for General UseUsing proper wiring techniques and equipment to ensure safe electrical continuity. 29 CFR 1910.305 $1,812
8.    Respiratory Protection – Properly administering a respiratory protection program, selecting correct respirators, completing medical evaluations to determine which employees are required to use respirators and providing tight-fitting equipment. 29 CFR 1910.134

 

$717
9.    General Electrical Requirements – Ensuring electric equipment is free from recognized hazards likely to cause death or serious physical harm to employees. 29 CFR 1910.303 $2,761
10. Grain Handling Facilities – Taking proper measures to prevent grain dust fires and explosions by having safety programs in place for quick response and control. 29 CFR 1910.272 $32,603

*ACV (Average Cost per Violation) – The dollar amount represents the average cost per violation that employers in this industry paid in 2017. To understand the full capacity and scope of each standard, click on the standard number to visit www.osha.gov and view the language in its entirety. Source: OSHA.gov  


Compliance Overview - OSHA Inspections

OSHA Inspections

The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe work environment for their workers. The Occupational Safety and Health Administration (OSHA) is responsible for creating workplace safety standards and enforcing compliance with the OSH Act.

OSHA enforces compliance with the OSH Act by conducting inspections, gathering evidence and imposing penalties on noncompliant employers. OSHA penalties are civil penalties that may result in fines. However, OSHA may refer certain violations to the U.S. Department of Justice for criminal prosecution. Actual penalties imposed on an employer take into consideration the gravity of the violation, the size of the employer’s business, good faith efforts the employer makes to comply with the law and the employer’s compliance history.

This Compliance Overview provides a summary of the OSHA inspection process as well as some tips and reminders that employers should be aware of during an actual inspection.

LINKS AND RESOURCES

  • OSHA enforcement programs website
  • OSHA on-site consultations webpage
  • OSHA recommended practices for safety and health programs webpage

COMPLIANCE OFFICERS

  • Conduct inspections
  • Assign specialists to accompany and assist during an inspection
  • Issue citations for noncompliance
  • Can obtain inspection warrants

TIPS FOR EMPLOYERS

  • Check inspector credentials.
  • Notify management when inspector arrives.
  • Determine the purpose and scope of the inspection.
  • Be prepared to prove compliance.
  • Get a copy of the complaint, if possible.
  • Set ground rules for inspection.
  • Cooperate and be responsive.
  • Take note of what the inspector documents.

EMPLOYERS SUBJECT TO OSHA

Most private sector employers in the United States, the District of Columbia and other U.S. jurisdictions are subject to the OSH Act, either directly or through an OSHA-approved state program. State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. The OSH Act encourages states to develop and operate their own job safety and health programs. State-run safety and health programs must be at least as effective as the Federal OSHA program.

In general, state and local government employees (public employees) are not subject to the OSH Act. However, public employees may be covered through an approved state program.

OSHA INSPECTIONS

OSHA inspections are conducted by OSHA’s compliance safety and health officers. Compliance officers have authority to:

  • Conduct inspections;
  • Assign specialists to accompany and assist them during an inspection (as appropriate or required);
  • Issue citations for noncompliance;
  • Obtain court-issued inspection warrants; and
  • Issue administrative subpoenas to acquire evidence related to an OSHA inspection or investigation.

Whenever possible, OSHA will assign compliance officers with appropriate security clearances to inspect facilities where materials or processes are classified by the federal government.

Compliance officers are required to obey all employer safety and health rules and practices for the establishment that is being inspected. This includes wearing all required protective equipment and necessary respirators. Compliance officers must also follow restricted access rules until all required precautions have been taken.

Employers can request compliance officers to obtain visitor passes and sign visitor registers. However, compliance officers cannot sign any form or release, nor can they agree to any waiver. This prohibition extends to forms intended to protect trade secret information.

OSHA inspections can last for a few hours or take several days, weeks or even months. All inspections can be divided into three stages, an opening conference, a walk-around and a closing conference.

Inspection Scheduling

OSHA inspections can be either programmed or unprogrammed. Unprogrammed inspections generally take precedence over programmed ones.

Unprogrammed inspections are usually triggered by particular reports. OSHA gives priority to unprogrammed inspections in the following order: imminent dangers, fatalities or catastrophes, and employee complaints and referrals. OSHA may also conduct an unprogrammed follow-up investigation to determine whether previously cited violations have been corrected.

Programmed inspections are scheduled based on neutral and objective criteria. Programmed inspections typically target high-hazard industries, occupations or health substances. OSHA considers various factors when scheduling programmed inspections, including employer incident rates, citation history and employee exposure to toxic substances.

Inspection Notice

The OSH Act prohibits providing employers advance notice of an inspection. Individuals that provide advance notice of an OSHA inspection face criminal charges that may result in a fine of up to $1,000, imprisonment for up to 6 months or both.

However, the OSHA Act also allows OSHA to authorize exceptions to the no-notice requirement in situations where advance notice would:

  • Allow an employer to correct an apparent imminent danger as quickly as possible;
  • Facilitate an inspection outside of a site’s regular hours of operation;
  • Ensure the presence of employer and employee representatives or other appropriate personnel during the inspection; or
  • Enhance the probability of an effective and thorough inspection (such as in investigations for complex fatalities).

When an exception is approved, OSHA will not provide more than a 24-hour notice to affected employers.

Inspection Scope

The scope of an OSHA inspection can be comprehensive or partial. A comprehensive inspection is a complete and thorough inspection of the worksite. During a comprehensive inspection, the compliance officer will evaluate all potentially hazardous areas in the establishment. However, an inspection may be considered comprehensive even though, at the compliance officer’s discretion, not all potentially hazardous conditions or practices are actually inspected.

A partial inspection is usually limited to certain potential hazardous areas, operations, conditions or practices at the employer’s establishment. However, at his or her discretion, a compliance officer may expand the scope of a limited inspection. The compliance officer will generally make this decision based on the information he or she gathers during the inspection.

COMPLIANCE OFFICER ARRIVAL

OSHA inspections begin with the compliance officer’s arrival. In general, a compliance officer will arrive for a worksite inspection during the site’s hours of operation. However, OSHA may authorize additional times for an inspection as necessary.

Upon arrival, a compliance officer should present his or her credentials. If necessary, employers can contact their local OSHA office to confirm a compliance officer’s authority to conduct the inspection.

A compliance officer has the right to enter an employer’s premises if he or she has obtained consent from the employer or a warrant ordering the employer to admit the inspector. In either case, employers cannot unreasonably delay an inspection to await for the arrival of the employer representative (inspectors may wait up to one hour to allow an employer representative to arrive from an off-site location).

Tips and Reminders

  • Check inspector credentials.
  • Instruct staff on how to receive inspector.
  • Inform senior management or legal counsel as appropriate.
  • Determine whether you will demand a warrant.

Consent

Employers can consent to admit a compliance officer and perform a worksite inspection. Employers may also provide partial consent, and allow a compliance officer access only to certain areas of their facilities. Compliance officers will make note of any refusals or partial consent and will report it to OSHA. OSHA may take further action against any refusals, including any legal process it may see fit to obtain access to restricted areas.

In sites where multiple employers are present, the compliance officer does not need to obtain consent from all employers present. Consent from just one employer is sufficient to allow the inspector to access the entire worksite.

Warrant

Compliance officers are not required to ask for an employer’s consent when they have a court-issued warrant. The warrant allows the compliance officer access to the employer’s facilities to conduct an inspection.

Employers that do not provide consent have the right to require compliance officers to obtain a warrant before allowing them access to the premises. As a general practice, few employers actually require warrants, though some employers have done so to delay the start of an inspection.

There are, however, some exceptions to the employer’s right to require a warrant. A compliance officer does not need to obtain employer consent or a warrant to access the premises if he or she can establish:

  • The existence of a plain view hazard;
  • That the worksite is an open field or construction site; or
  • The existence of exigent circumstances.

OPENING CONFERENCE

In general, compliance officers will try to make the opening conference brief in order to proceed to the walkaround portion of the inspection as soon as possible. In general, the opening conference is a joint conference,

where both employer and employee representatives participate. However, the compliance officer may hold

separate opening conferences if either employer or employee representatives object to a joint conference.

During the opening conference, compliance officers will discuss with employers:

  • The purpose of the inspection;
  • Any complaints filed against the employer, if applicable;
  • The officers’ right to document evidence (handwritten notes, photos, video and audio recordings);
  • The advantages of immediate abatement and quick fixes;
  • The intended scope of the inspection;
  • A plan for the physical inspection of the worksite;
  • The audit of employee injury and illness records;
  • Referring violations not enforced by OSHA to appropriate agencies;
  • Employer and employee rights during the inspection; and
  • Any plans for conducting a closing conference.

Tips and Reminders

  • Determine the purpose and scope of the inspection.
  • Be prepared to prove compliance.
  • Get a copy of the complaint, if possible.
  • Set ground rules for inspection.
  • Cooperate and be responsive, but DO NOT volunteer information.

As applicable, during the opening conference, employers will also need to present their written certification of hazard assessment and produce a list of on-site chemicals (with their respective maximum intended inventory).

Compliance officers will use these documents to determine the hazards that may be present at the worksite and set initial benchmarks and expectations for the physical inspection of the establishment.

Finally, at their discretion, compliance officers can conduct abbreviated conferences in order to begin the walkaround portion of the inspection as soon as possible. During an abbreviated conference, a compliance officer will present his or her credentials, state the purpose for the visit, explain employee and employer rights, and request the participation of employee and employer representatives. All other elements of the opening conference will then be discussed during the closing conference.

WALK-AROUND

The walk-around is the most important stage of the inspection. Employer and employee representatives have the right to accompany compliance officers during the walk-around stage of the inspection. However, workers at an establishment without a union cannot appoint a union representative to act on their behalf during an OSHA inspection walkaround (see OSHA memo from 2017).

During the walk-around, compliance officers will take notes and document all facts pertinent to violations of the OSH Act. In general, compliance officers will also offer limited assistance (as appropriate) on how to reduce or eliminate workplace hazards.

The OSH Act requires compliance officers to maintain the confidentiality of employer trade secrets. Compliance officers should only document evidence involving trade secrets if necessary. Compliance officers must mark trade secret evidence as, “Confidential – Trade Secret,” and keep it separate from other evidence. Compliance officers that violate these requirements are subject to criminal sanctions and removal from office.

Tips and Reminders

  • Inspections may last several days. Plan accordingly.
  • Require inspectors to comply with establishment safety rules.
  • Take note of what the inspector documents.
  • DO NOT stage events or accidents.
  • DO NOT destroy or tamper with evidence.

CLOSING CONFERENCE

As with the opening conference, unless an objection exists, the closing conference is generally a joint conference. However, the closing conference may be conducted in person or over the phone. The inspection and citation process will move forward regardless of whether employers decide to participate in the closing conference.

The compliance officer will document all materials he or she provides to the employer during the closing conference as well as any discussions that took place. Discussion topics for the closing conference may include:

  • Employer rights and responsibilities
  • The strengths and weaknesses of the employer’s safety and health system
  • The existence of any apparent violations and other issues found during the inspection
  • Any plans for subsequent conferences, meetings and discussions

The closing conference is not the time for employers to debate or argue possible citations with the compliance officer. Employers should take sufficient time during the closing conference to understand the inspector’s findings and any possible consequences. Employers should also discuss any abatements completed during the inspection or any plans to correct issues in the near future.

During this conference, employers should also request copies of recorded materials and sample analysis summaries. Finally, employers should take time to discuss their right (and the process they must follow) to appeal any possible citations.


OSHA Cornerstones - Second Quarter 2018

In this Issue

OSHA Delays Beryllium Rule Enforcement

The agency also clarified requirements for the construction and shipyard industries.

Majority of Establishments Failed to Submit 2016 Electronic Reporting Data

A delayed compliance date and confusion about exemptions caused many establishments to fail to report 2017 data electronically.

OSHA Releases Two New Fact Sheets on Electricity Safety

These new resources can help protect employees who frequently work around electricity and downed power lines.

OSHA Delays Beryllium Rule and Clarifies Requirements for Construction and Shipyards

Although OSHA’s final rule on beryllium exposure in the general, construction and shipyard industries became effective on May 20, 2017, the agency recently announced that it will delay enforcement until May 11, 2018. OSHA also announced that some of the rule’s requirements will vary between the three affected industries.

Beryllium is a toxic metal that’s commonly found in machine parts, electronics and aircraft. The metal is a known carcinogen and can also cause respiratory problems, skin disease and many other adverse health effects. For these reasons, OSHA has lowered the exposure limits for employers in the general, construction and shipyard industries:

  • The permissible exposure limit (PEL) of an eight-hour average has been lowered to 0.2 micrograms per cubic meter of air (μg/m3). The previous PEL was 2.0 μg/m3, a limit that OSHA found to pose a significant health hazard to employees.
  • The short-term exposure limit (STEL) over a 15-minute period has been lowered to 2.0 μg/m3.

Although the new beryllium rule contains additional requirements, OSHA will only require the construction and shipyard industries to follow the new PEL and STEL. The agency stated that employees in these industries don’t frequently work near dangerous amounts of beryllium and are protected by the safety requirements found in other OSHA standards.

General industry employers must follow these additional beryllium control methods:

  • Provide exposure assessment to employees who are reasonably expected to be exposed to beryllium.
  • Establish, maintain and distinguish work areas that may contain dangerous amounts of beryllium.
  • Create and regularly update a written beryllium exposure plan.
  • Provide adequate respiratory protection and other personal protective equipment to employees who work near beryllium.
  • Train employees on beryllium hazards and control methods.
  • Maintain work areas that contain beryllium and—under certain conditions— establish facilities for employees to wash and change out of contaminated clothing or equipment.

For more information on the new rule, call us at 920-921-5921 and ask to see our Compliance Bulletin on beryllium exposure.

Majority of Establishments Failed to Submit 2016 Electronic Reporting Data

According to a new report from Bloomberg Environment, a majority of the establishments that were required to submit 2016 injury and illness data under OSHA’s electronic reporting rule failed to do so. OSHA expected to receive about 350,000 reports, but the agency only received just over 150,000.

The final date to submit 2016 injury and illness reports was Dec. 31, 2017, but this date was delayed a number of times as OSHA worked to build its Injury Tracking Application and improve its cyber security. Bloomberg also attributes the large number of missing reports to confusion about exemptions, as OSHA received over 60,000 reports from exempt establishments.

Under the rule, the following establishments must submit data electronically:

  • Establishments with 250 or more employees that are required to keep injury and illness records must submit OSHA Forms 300, 300A and 301.
  • Establishments with 20 to 249 employees that work in industries with historically high rates of occupational injuries and illnesses must submit OSHA Form 300A.

The final date to submit 2017 injury and illness data electronically is July 1, 2018. Beginning in 2019, data from the previous calendar year must be submitted by March 2 annually.

OSHA Releases Two New Fact Sheets on Electricity Safety

OSHA has released two electricity fact sheets in order to protect employees who frequently work with electricity and power lines. According to the Electrical Safety Foundation International, electricity causes over 150 fatalities and 1,500 injuries in U.S. workplaces every year.

Here are some of the topics included in the first new fact sheet, which can provide tips for engineers, electricians and other employees who work with electricity:

  • Generators
  • Power lines
  • Extension cords
  • Equipment
  • Electrical incidents

The second fact sheet focuses on downed electrical wires and can help employees involved in recovery efforts following disasters and severe weather events.

Protecting employees from electrical hazards not only keeps your business productive, it can also save you from costly OSHA citations. The agency’s electrical wiring method standard is one of the top 10 most frequently cited standards nearly every year.

For resources that can help safeguard your business against electrical hazards, contact us today.


How to evaluate an applicant tracking system

With unemployment rates at a 17-year low, competition for talent is fierce. Applicant tracking systems (ATS) are supposed to fix any inefficiencies in your recruiting process that would otherwise be overlooked. Continue reading for more information.


Unemployment is at 3.9%, a 17-year low. Competition for talent is fierce, especially when you’re trying to hire sellers, mid-level managers, professional staff and skilled labor. When hiring gets this tough, inefficiencies in your recruiting process that could otherwise be ignored will become code red emergencies.

Applicant tracking systems (ATS) are supposed to fix those problems. Some do; many don’t. To tell the difference, HR professionals must do their research. Here are the three most important questions to ask before you invest in an ATS.

1. Will the ATS help or hurt my employment brand? If you’re not an employee at Google or Apple, you’ve probably daydreamed about having your own nap pod in Silicon Valley or being toted around in an automated car. You know the amazing benefits and the free-spirited culture at these organizations. That’s employment brand. Granted, not every organization can hope for Google-level brand awareness, but every company — for better or worse — has a brand of their own, made up of every interaction and detail of the recruiting and hiring process.

See also: LinkedIn voice messaging aims to connect HR with job seekers

You should know that most ATS are made by software engineers, not recruiters. The downside there is that most systems don’t deliver a candidate experience designed to convey an impression of what it would be like to work for your company. If your ATS isn’t helping bolster your employment brand, it’s not working hard enough.

To ensure that candidates can get a feel for your company culture before they even submit an application, you’ll want to find an ATS that can offer fully-branded career pages that match your website. This means having the same colors, fonts, brand messaging and imaging will be crucial to your employment brand. And this is only the beginning. Your ideal ATS should allow you to integrate with major job boards and social media platforms (branding 101: Hang out with the cool kids), allow for one click application submission through mobile devices and keep the application process all in one browser No one wants their employment brand to be “clunky” and “unfriendly”.

2. Will the ATS help speed up the process or will it slow us down? Recruiters and hiring managers either love or hate their ATS. There’s not much middle ground. That’s because they often have to invent ingenious workarounds to use the system, which drives them crazy because it’s time wasted.

When searching for the right ATS system, make sure that it can provide customizable email templates for hiring teams during the recruiting process. It’s important to remember that the system should allow you to send those emails in bulk to potential candidates. You need to be able to set reminders and schedule alerts for users to follow up with candidates or completed tasks. This ensures that you’re saving time and no candidate gets lost in the ether.

Know that dashboards are a great way to get a bird’s eye view on the recruiting process but they’re not the end all. Plenty of HCM providers will have flashy demos and dashboards that seem to work flawlessly, but after implementation you’ll be left with a clunky and glitchy product.

See also: 7 Ways Employers Can Support Older Workers And Job Seekers

To avoid that outcome, ask these questions during your search: Can we see the step-by-step process for reviewing applications, approving candidates, and moving them through interviews? Look beyond the demo screens. You want to see how the system really works, step by step. Can we import and export candidate information? How are potential candidates scored?

3. Does the ATS offer compliance and reporting capabilities? This one’s a biggie. Recruiting and hiring compliance is complex, and so reporting and analytics is a must-have. You need to be able to drive recruiting and hiring decisions in real-time with powerful analytics rather than sloppy excel sheets and poorly filed assessment papers. An ATS will allow you to quickly view the metrics that matter to you, see where your best candidates are coming from, find bottlenecks and catch missed opportunities. With clear and easy to use reporting features that captures all pre-hire compliance data in one place, you’ll never have to worry about fines or tarnishing your reputation.

Of course, there’s plenty more you could ask. Implementation, data security, mobile capabilities and ongoing service and support are all tires worth kicking. But this initial list of questions is a great place to start. Finding and hiring top talent requires lightning-fast action and decisions. When you’re shopping for an ATS, however, it pays to slow down long enough to get the facts.

SOURCE: Neese, Bill (12 September 2018) "How to evaluate an applicant tracking system" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/how-to-evaluate-an-applicant-tracking-system


Cyber Risks & Liabilities: September/October 2018

In this Issue

Who’s to Blame if a Security Breach Affects Your Organization?

A recent survey found that 70 percent of consumers expect businesses to take responsibility in the event of a data breach. But who within your organization should take the heat?

Acronyms All Businesses Need to Know

As cyber security evolves, it’s easy to become overwhelmed with all the terms and acronyms used. This article lists some of the most common acronyms in cyber security.

Increase in Attacks Against 911 Call Centers Highlight Need for New System

There have been 184 cyber attacks on public safety agencies and local governments since 2016, and 42 of those attacks targeted 911 call centers

Who’s to Blame if a Security Breach Affects Your Organization?

If a security breach affects your organization, your main focus may be to solve the problem as quickly as you can, not point the finger in blame. But your customers want to know why it happened and who was responsible, even if the breach occurred because of their own lax security measures (e.g., sharing passwords or opening suspicious emails). In fact, a recent survey found that 70 percent of consumers expect businesses to take responsibility in the event of a data breach. But who within your organization should take the heat?

The CEO

If an organization doesn’t budget enough for security solutions, the fault will likely be placed on whoever makes the financial decisions, stemming from the CEO. In fact, 29 percent of IT decision-makers who took part in a recent VMware survey thought that the CEO should be held responsible in the event of a large-scale data breach.

The CISO

If a data breach occurs even after your company adequately budgets for cyber security solutions, 21 percent of IT security professionals surveyed would still hold your CISO accountable in the event of a data breach.

IT Personnel

According to a 2014 report, 95 percent of cyber security incidents are due to human error. That’s why personnel who manage IT security on a regular basis are easy targets for blame.

Other Employees

While accountability may start with the CEO and board of directors, everyone in your organization should take responsibility for cyber security. Even if you have the most modern cyber security technology, its return on investment will be nonexistent without full employee participation

Increase in Attacks Against 911 Call Centers Highlight Need for New System

There have been 184 cyber attacks on public safety agencies and local governments since 2016, and 42 of those attacks targeted 911 call centers, according to cyber security firm SecuLore Solutions.

Over half of the attacks involved ransomware, in which hackers used a virus to control the emergency systems and hold them hostage for payment. Most of the remaining attacks were denial-of-service attacks, which involved a flood of fake calls that prevented call centers from addressing valid emergency calls.

Due to the vulnerabilities in the current 911 system and the fact that it doesn’t address the ways people communicate in the modern world—such as through texts—the emergency response industry is encouraging state and local governments to adopt a system called Next Generation 911.

The Next Generation 911 system will have advanced security and be able to seamlessly move incoming calls to other centers when needed. The new system also gives callers the choice of calling from a phone line or sending data through approved telecommunications carriers and internet service providers.

Next Generation 911 is expensive, however, and governments have been slow to adopt it. Plus, its increased connectivity also opens new potential means of attack, according to industry experts. Sophisticated defense systems run by in-house cyber security teams will be vital as the emergency response industry adopts any new technology.

Acronyms All Businesses Need to Know

Newsletter Provided by: Hierl's Property & Casualty Experts

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Do employees know where to go in a health crisis?

Often, employees are unsure who they should go to first when they have a health crisis at work. Many employers don’t have a consistent process in place for addressing health crises. Read this blog post to learn more.


When talking to employers about their disability programs, I often ask, “Who do your employees go to first for assistance when they have a health condition?”

If I ask that question of a direct supervisor, it’s met with a quick response of “Me!”, which is quickly followed by the statement, “My employees know that my door is always open and I’m here to help them!”

Sadly, this is not true. Another insurance company recently surveyed employees who experienced a health condition in the workplace and asked that same question: Who did you go to for assistance? The responses varied.

For example, we found that at midsize companies with 100 to 499 employees, it varied:

· 44% went to their HR manager
· 33% went to their direct supervisor
· 18% went to their HR manager and direct supervisor
· 5% went elsewhere

What this shows is that many employers don’t have a consistent process in place for addressing employees with health conditions. This confusion or misunderstanding about whom to approach for assistance can create an inconsistent process for your clients and their workforce — potentially resulting in a negative experience for employees and lost productivity for employers.

Based on the survey findings, employees who worked with their HR manager tended to have a more positive experience and felt more valued and productive after speaking with them about their health condition.

For instance, 54% of employees felt uncomfortable discussing their health condition with their direct supervisor, versus only 37% of employees who went to their HR manager. In addition, 73% of employees who worked with their HR manager felt they knew how to provide the right support for their condition versus 61% of employees who worked with their direct supervisor.

There are several reasons why working with an HR manager can be more beneficial for employees, and ultimately, your clients. Typically, working with an HR manager can lead to more communication while an employee is on leave. Our research shows employees who worked with an HR manager were more likely to receive communication on leave and returned to work 44% faster than when they worked with their direct supervisor.

HR managers also are usually more aware of available resources and how to connect employees to necessary programs to help treat their condition. HR managers who engaged their disability carriers saw a 22% boost in employees’ use of workplace resources, such as an EAP, or disease management or wellness program, when involved in a return-to-work or stay-at-work plan.

This connection to additional resources is essential, as it can help employees receive holistic support to manage their health condition — whether it’s financial wellness support, connection to mental health resources through an EAP or one-on-one sessions with a health coach. HR managers also are usually able to better engage their disability carrier to provide tailored accommodations, which can help aid in stay-at-work or return-to-work plans.

Providing your client with these findings can help them understand the importance of creating a disability process that puts HR as the main point of contact. Not only does this create a consistent experience that helps provide employees with the support they need, it can improve employee morale and reduce turnover.

SOURCE: Smith, Jeffery (16 August 2018) "Do employees know where to go in a health crisis?" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/do-employees-know-where-to-go-in-a-health-crisis


Safety Focused Newsletter - August 2018

Lower back injuries caused by improper lifting are some of the most common work-related injuries.

Safety Tips for Proper Lifting

Lifting is a common activity in the workplace—an activity that can be potentially dangerous if the proper techniques are not used. In fact, lower back injuries caused by improper lifting are some of the most common work-related injuries.

In order to protect yourself when lifting heavy items in the workplace, do the following:

  • Look over the load. Decide if you can handle it alone or if you need assistance. When in doubt, ask for help. Moving an object that is too heavy or bulky can cause severe injury.
  • Clear away any potential obstacles before carrying an object.
  • Use good foot positioning. Your feet should be shoulder-width apart.
  • Bend your knees. Bending over at the waist to reach for an object you want to lift puts strain on your back, shoulder and neck muscles.
  • Keep your arms and elbows as close to your body as you can while lifting.
  • Use your feet to change direction. Don’t twist your body.

Responding to a Workplace Accident

Accidents in the workplace can occur without warning, and it’s important to respond quickly to help those in need. In some cases, supervisors may not be around to provide the proper response guidance, and it’s up to employees to take action.

The following are some general tips to keep in mind if a co-worker is involved in a workplace accident:

  • Take control of the scene and try to restore order.
  • Call for emergency services if needed. Provide any immediate first aid, if you are qualified to do so.
  • Protect co-workers from potential secondary accidents. You can accomplish this by dismissing unnecessary personnel and denying access to the area.
  • Identify people at the scene. If they witnessed the incident, be sure to make a note of their names, as they can provide a report on what happened at a later date.
  • Notify upper management of the issue.
  • Do not put yourself in harm’s way.

Following an accident, follow up with your supervisor to ensure the appropriate paperwork is completed. Supervisors may require you to file an accident report or further detail what happened.

If you have any ideas of how the accident could have been avoided, share them with your supervisor or at a safety meeting. If your workplace does not have a first responder program in place, it may a good idea to suggest it to your employer.

Trained first-aid responders can provide immediate care to workers who become ill or injured on the job. The quick response and training of these individuals can make all the difference following an accident.

Common First-Aid Kit Supplies

  • Sterile Saline Solution
  • Antibiotic Ointment
  • Gauze and Wraps
  • Scissors
  • Tweezers
  • Disposable gloves
  • Asprin

Newsletter Provided by: Hierl's Property & Casualty Experts

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